Wisconsin Employers Targeted For Technical Violations of The Fair Credit Reporting Act
Within the past year, one Wisconsin resident has filed several class-action lawsuits against Wisconsin employers. In each case, the plaintiff filed a class-action lawsuit against the employer in Wisconsin federal court on the grounds that the employers had violated the FCRA by not providing a proper disclosure. In both cases, the defendants moved to dismiss the complaint, yet, the district court judges in each case concluded that including a liability release on the same document as the disclosure was a violation of the express language of the FCRA. Both courts noted that the FCRA, by its terms, requires that the clear and conspicuous disclosure appear by itself on the document, with the only exception being the consumer's authorization for the report. All Wisconsin employers are encouraged to review their employment applications with regard to such disclosures.